Pub faces legal action over smoke odour

A licensee is facing legal action for letting smoke drift into his neighbour's garden.

In what is believed to be the first episode of its kind, Jeff Castledine, licensee of the Queens Head in Boreham, Chelmsford, has received a letter from Chelmsford Borough Council following a complaint about "nuisance caused by odour from cigarette smoke".

The council told Castledine it would monitor his pub "to determine if odour nuisances are being caused", in breach of the Environmental Protection Act 1990.

If the council decides a "nuisance" exists, it is threatening to serve Castledine with an abatement notice, forcing him to stop or reduce the problem.

The situation will add to fears in the trade that the smoking ban could be extended to include other outside areas, similar to legislation being introduced in the US.

Chelmsford council has sent a logsheet to the Essex pub's neighbour who has complained, asking them to make a note of when they are being disturbed by the "odour".

The letter to Castledine, seen exclusively by The Publican, goes on to state: "I would wish to settle this complaint without such legal action, so request that you consider if any such odours from cigarette smoke are likely to cause nuisance to your neighbours. If so, your prompt action to resolve the matter would be much appreciated."

Despite receiving a visit from a council officer prior to the letter, Castledine was outraged when it arrived.

He said: "I try to be a good neighbour, and there's only ever six or seven people out there smoking at a time. The ban has already forced people outside. What are they trying to do - close down village pubs?"

The licensee, who has also submitted a planning application for a smoking shelter in his beer garden, added that most of his customers smoked around 20 metres from the six-foot fence that separates him from his residential neighbour.

In response, a spokeswoman for the council said it had a duty to investigate complaints.

She added: "No action would be taken unless monitoring visits have been made and officers have decided that the smoke/odour is so unreasonable at a nearby property that it amounts to a statutory nuisance."

A word of warning...

A senior licensing lawyer is warning licensees to keep a close eye on their outdoor areas as pubs, councils - and neighbours - get to grips with the first winter of smoke-free trading in England and Wales.

Jeremy Allen, a senior partner at licensing solicitors Poppleston Allen, said the Chelmsford case was the first time he had heard of the Environmental Protection Act being used in this way. However he added he was "not surprised".

"Councils are looking to deal with the nuisances caused by external smoking," he said. "There's a long way to go with smoking, every licensee with an external area needs to keep an eye on what's happening."

• Are smoking odours causing you problems with your neighbours? Call the newsdesk on 020 7955 3713 or email news@thepublican.com